Clarifications with reference to the Investor Education and Protection Fund (uploading of information regarding unpaid and unclaimed amounts lying with companies) Rules, 2012.

Circular No. 17/2012, dated 23rd July, 2012

The following clarifications are issued with reference to the Investor Education and Protection Fund (uploading of information regarding unpaid and unclaimed amounts lying with companies) Rules, 2012, published in the Gazette of India Part II section 3 sub-section (i) vide Notification No. G.S.T. 352 (E), dated the 10th May, 2012:

(a) As per these rules, information is to be filed in Form 5 INV. The cut-off date for filing information in Form 5 INV refers to the date of AGM up to which the information relating to a particular year is to be updated and then filed. Example: for the financial year ended 31.03.2012, where date of AGM is 30.09.2012, the complete information regarding unpaid and unclaimed amounts has to be updated till the date of AGM i.e., up to 30.09.2012 and then this information is to be filed through eform 5 INV within 90 days of the date of AGM i.e. by 29.12.2012.

(b) The Companies will have to file Form 5 INV for the year 2010-2011 up to 31st July, 2012 or within 90 days of the date of Annual General Meeting, whichever is later.

(c) Any company which has filed Form No. 5 INV but could not upload correct excel template within 14 days from the date of filing Form 5 INV, can file details of investors in excel template up to 31st August, 2012,

(d) The Companies are required to file one Form No. 5 INV each year for furnishing information on unpaid/unclaimed amounts lying with companies as on the date of Annual General Meeting.